Legal Opinion

Stewart v. Taylor

Court of Appeals of Kentucky

Decided June 7, 1901PublishedCited by 18 opinions

Case 29—Proceeding for Re-Examination into the Condition of-Plaintiff’s Mind APPEAL FROM BUTLER CIRCUIT COURT. Judgmet Finding Plaintiff to be of Sound Mind and Removing Defendant as Her Committee and Defendant Appeals.

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Case 29—Proceeding for Re-Examination into the Condition of-Plaintiff’s Mind APPEAL FROM BUTLER CIRCUIT COURT. Judgmet Finding Plaintiff to be of Sound Mind and Removing Defendant as Her Committee and Defendant Appeals. The proceeding was instituted by Nancy Taylor in the Butler .county court for a “re-examination” to determine whether she is competent to manage her own estate and the jury returned the following verdict: “We, the jury, find Mrs. Nancy Taylor of sound mind and capable of dictating what shall be done with her estate, amounting to about $6,000, in notes, cash and mortgages and…

1Opinion of the Court

*250Opinion of the court by

CHIEF JUSTICE PAYNTER

Affirming.

The appellant, Stewart, is a brother-in-law of the appellee, Nancy Taylor, a widow 80 years of age. In July, 1899, he appeared (before the county judge of Butler county, and made complaint that she was of unsound mind, and incapable of managing her estate, which consisted of $4,-000 in cash' and notes and' $2,000 in lands. The county judge impaneled a jury to inquire into the condition of her mind and ability to manage her estate. A trial resulted in a verdict to the effect that she was of unsound mind, and! incompetent to manage her…

2Cases cited4 opinions

  1. Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
  2. Evans v. JohnsonWest Virginia Supreme Court · 1894
  3. Martin v. MotsingerIndiana Supreme Court · 1892
  4. McAfee v. CommonwealthCourt of Appeals of Kentucky · 1843

3Cited by18 opinions

  1. Martin v. O'ReillySupreme Court of Oklahoma · 1921
  2. Anderson's Committee v. Anderson's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1914
  3. In Re WretlindSupreme Court of Minnesota · 1948
  4. Ex parte ScudamoreSupreme Court of Florida · 1908
  5. McKinstry v. DeweySupreme Court of Iowa · 1921

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